Avinash alias Manu vs State of H.P.

Kuldip Singh, Judge

This is an application, u/s 439 Cr.P.C., for releasing the petitioner on bail in FIR No. 69/12 dated 30.3.2012, registered at Police Station, Jawali, under sections 363, 366, 376, 120B IPC. It has been stated that petitioner has been falsely implicated in the above case. He is innocent and belongs to poor and respectable family. The petitioner is 22 years old. The complaint has been lodged by the father of the victim. In the complaint, it has been stated that victim had gone to bus stand for bringing milk on 28.3.2012 in the morning, but thereafter did not return. The victim in her statement, u/s 161 Cr.P.C. has stated that she had gone to the market for some work on 20.3.2012, thereafter the petitioner and Pawan Kumar molested her. The victim did not disclose the incident to her friend when the victim allegedly went to the house of her friend. The case against the petitioner is fabricated. The victim had love affair with the younger brother of the petitioner, but due to enmity between the families of petitioner and victim, the petitioner has been falsely implicated in the case.

The petitioner was arrested on 8.4.2012 and since then he is in custody. The challan has been submitted in the court. The petitioner is married having one son aged about 8 months. The petitioner has no source of income except farming. The petitioner is ready to furnish bail bonds. The submission has been made for releasing the petitioner on bail.

The status report has been filed. On 30.3.2012 Pawan Kumar father of the victim submitted a written complaint in the police station. The complainant has stated that on 28.3.2012 his daughter at about 5.45 a.m. had gone to bus stand for bringing milk but did not return. She was searched, but could not be traced. Ankush had kidnapped her. The complainant had gone to the house of Ankush but he could not trace his daughter. On this, case was registered.

The supplementary statement of Pawan Kumar father of the victim was recorded and he stated that Sumer, Anil and Ankush kidnapped his daughter. Sumer Singh and Anil were arrested on 30.3.2012. The victim and Ankush were recovered on 7.4.2012 from Banikhet. The statements of victim were recorded under sections 161 and 164 Cr.P.C.

The victim in her statement has stated that she had come to Fatehpur bazar on 20.3.2012 where Pawan Kumar accused met her, who took her in the fields and committed forcible sexual intercourse with her in the bushes. The petitioner also came there and he also committed forcible sexual intercourse with her. The victim told them that she would lodge the complaint against their acts, they said that they had prepared her video and in case she would lodge the complaint they would circulate the video. On 27.3.2012 Ankush brother of the petitioner by giving the threat of video called her at 11.00 p.m. The victim under the fear responded the call. Ankush came alongwith Arvind Kumar and one more friend and took her in the house of Pawan in village Gehra, District Chamba. He then shifted to the house of another relative. In the meantime, petitioner Sunil Kumar came there, they committed forcible sexual intercourse with the victim several times. However, Sunil only caught hold her legs. Ankush took her to several places. The father of Ankush told Ankush on telephone to eliminate the victim, threw her body somewhere and returned. The victim named Boby and Sumer at the instance of Ankush.

The victim was got medically examined. The recoveries have been made. The petitioner was arrested on 8.4.2012, Pawan Kumar on 9.4.2012 and nothing was found during investigation against Sumer Singh and Anil Kumar. Ramesh Chand father of Ankush and Avinash has been released on bail on 20.6.2012. Arvind Singh was arrested on 2.5.2012, Sunil Kumar was arrested on 4.5.2012. Ankush, petitioner, Pawan Kumar, Sunil Kumar, Arvind Kumar are in judicial custody. The date of birth of victim is 20.10.1995. The challan has been submitted in the court on 5.7.2012. The bail application of the petitioner has been dismissed by Fast Track Court, Dharamshala on 21.8.2012. The submission has been made for rejection of the bail application.

Heard and perused the record. The learned Addl. Advocate General has submitted that there are in all eights accused, out of them five are in custody including the petitioner and others have been bailed out. The learned counsel for the petitioner has submitted that there are material contradictions in the statements of victim and father of the victim when the victim was allegedly kidnapped. He has submitted that even the victim has not specifically stated that she was raped by the petitioner in the field. At the most, it can be construed that as per the allegations of the victim, the petitioner had molested her. He has submitted that victim had love affairs with Ankush younger brother of the petitioner. The families of the petitioner and victim are not on good terms, and therefore, the petitioner has been falsely implicated in the case. The victim has named the petitioner specifically for commission of offence of rape. The evidence will be appreciated during trial. The challan after investigation has already been filed in the court. The allegations are serious not only against the petitioner but against some others also. In these circumstances, no case for grant of bail u/s 439 Cr.P.C. has been made out. Hence, the bail application is dismissed. Any observation made hereinabove shall not be construed as an expression of opinion over the merits of the case.